Gillins v. Hudgins
| Robert Bruce Gillins |
| Warden R. Hudgins, Director Michael Carvajal and USP Hazelton |
| 5:2021cv00093 |
| June 16, 2021 |
| US District Court for the Northern District of West Virginia |
| John Preston Bailey |
| James P Mazzone |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on August 10, 2021. A more recent docket listing may be available from PACER.
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Filing 21
ROSEBORO ORDER TO PETITIONER: Within 21 days from the date of this order the pro se party shall file any opposition to #16 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative, Motion for Summary Judgment filed by USP Hazelton, R. Hudgins, Michael Carvajal. Signed by Magistrate Judge James P. Mazzone on 8/10/2021. (copy to pro se petitioner via cm,rrr) (nmm) (Additional attachment(s) added on 8/10/2021: #1 Certified Mail Return Receipt) (nmm).
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Filing 20
ORDER DENYING 17 MOTION AS MOOT AND DIRECTING CLERK TO REPLACE ATTACHMENTS: the Clerk is DIRECTED to replace Doc. 16-3 with Doc. 19-2. Signed by Magistrate Judge James P. Mazzone on 8/10/2021. (copy to pro se petitioner via cm,rrr) (nmm) (Additional attachment(s) added on 8/10/2021: #1 Certified Mail Return Receipt) (nmm).
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| Filing 19 Supplemental Memorandum in Support of #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative, Motion for Summary Judgment by Michael Carvajal, R. Hudgins, USP Hazelton. (Attachments: #1 Exhibit Declaration, #2 Attachment Attachments 1-14)(McKee (USA), Morgan) Modified on 8/10/2021 to link with document (nmm). |
| Filing 18 LETTER dated 8/1/2021 from Robert Gillins to Clerk requesting copy of docket sheet. (Attachments: #1 Envelope)(ag)(docket sheet mailed to pro se PET US Mail) |
| Filing 16 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative, Motion for Summary Judgment by Michael Carvajal, R. Hudgins, USP Hazelton. (Attachments: #1 Exhibit Memorandum in Support, #2 Exhibit Declaration, #3 Attachment Attachments 1-14 l)(McKee (USA), Morgan) (Attachment 3 replaced on 8/10/2021 per #20 Order) (nmm). Modified on 8/10/2021; NEF Regenerated (nmm). |
| Filing 15 RETURN RECEIPT as to #9 ORDER TO SHOW CAUSE and #10 ORDER DENYING THE PETITIONER'S MOTION FOR AN EXTENSION OF TIME. SERVICE ACCEPTED on 7/26/2021. (nmm) |
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Filing 14
ORDER GRANTING #12 MOTION FOR AN EXTENSION OF TIME TO FILE RESPONSE. Response due by 10/1/2021. Signed by Magistrate Judge James P. Mazzone on 7/26/21. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 7/26/2021: #1 Certified Mail Return Receipt) (lmm).
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| Filing 13 NOTICE of Appearance by Morgan McKee (USA) on behalf of All Defendants (McKee (USA), Morgan) (Main Document 13 replaced on 7/20/2021 with flattened PDF) (ag) |
| Filing 12 First MOTION for Extension of Time to File Response/Reply by Michael Carvajal, R. Hudgins, USP Hazelton. (Attachments: #1 Proposed Order)(McKee (USA), Morgan) |
| Filing 11 Attorney attached wrong document to entry. Please see docket entry #13 Notice for corrected entry NOTICE of Appearance by Morgan McKee (USA) on behalf of R. Hudgins (McKee (USA), Morgan) Modified on 7/20/2021 (cmd). (Main Document 11 replaced on 7/20/2021 with flattened PDF) (ag) |
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Filing 10
ORDER DENYING THE PETITIONER'S MOTION FOR AN EXTENSION OF TIME #8 . Signed by Magistrate Judge James P. Mazzone on 7/20/2021. (ag)(pro se PET cm rrr) (Additional attachment(s) added on 7/20/2021: #1 Certified Mail Return Receipt) (ag).
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Filing 9
ORDER TO SHOW CAUSE: the Warden shall have twenty-one (21) days from the date of this Order to show cause why the writ should not be granted. Attorney Sharon L. Potter for R. Hudgins added. Michael Carvajal (Bureau of Prisons ) and USP Hazelton terminated. Signed by Magistrate Judge James P. Mazzone on 7/20/2021. (ag)(pro se PET CM rrr; S. Potter US Mail and cm/ecf) (Additional attachment(s) added on 7/20/2021: #1 Certified Mail Return Receipt) (ag).
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| Filing 8 PETITIONER'S MOTION FOR AN ENLARGEMENT OF TIME TO FILE HIS MEMORANDUM OF LAW IN SUPPORT OF HIS 28 U.S.C. SECTION 2241 by Robert Bruce Gillins. (Attachments: #1 Envelope)(ag) |
| Filing 7 NOTICE of Change of Address by Robert Bruce Gillins. (Attachments: #1 Envelope)(ag)(address updated) |
| IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Preparing for NextGen CM/ECF is a two-step process. Step One was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-filing account in the new NextGen CM/ECF system on or after July 19, 2021. Instructions for linking your account can be found #here. PLEASE NOTE: The WVND CM/ECF system will be unavailable from 1:00 pm on Friday July 16, 2021 until 8:00 am Monday, July 19, 2021. An extension for electronic filing will be granted for all documents with court-imposed deadlines falling between 1:00 pm on Friday, July 16, 2021, and midnight on Sunday, July 18, 2021. All documents due during that period must be filed prior to 1:00 pm Friday, July 16, 2021, or on Monday, July 19, 2021. If you have any additional questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI) |
| Filing 6 Filing fee: $ 5.00, receipt number WVNW002775. (ag) |
| Filing 5 RETURN RECEIPT as to #2 Notice of Deficient Pleading, #3 Notice of General Guidelines. SERVICE ACCEPTED on 6/22/2021. (ag) |
| Filing 4 AMENDED DOCUMENT by Robert Bruce Gillins. Amendment to #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Cover Letter, #2 Envelope)(ag) |
| IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM?ECF system to Next Generation of CM/ECF (NextGen CM/ECF) on Monday, July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found #here. Preparing for NextGen Cm/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have thei r own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-fling account in the new NextGen CM/ECF system on or after July 19, 2021. Please log in to the WVND CM/ECF system at https://ecf.wvnd.uscourts.gov/ before July 19, 2021 to make sure you know your current WVND e-filing login and password. Do not rely on your username and password being saved in your web browser, because that method will not work with the NextGen upgrade. If you do not know your login or password or have any additional questions please call the WVND Clerks CM/ECF Office Help Desk at (304) 267-5682. (cmd) (ADI) |
| Filing 3 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE. (ag)(pro se PET CM rrr) (Additional attachment(s) added on 6/16/2021: #1 Certified Mail Return Receipt) (ag). |
| Filing 2 NOTICE OF DEFICIENT PLEADING. (Attachments: #1 2241 IFP and PTAR forms)(ag)(pro se PET CM rrr) (Additional attachment(s) added on 6/16/2021: #2 Certified Mail Return Receipt) (ag). |
| Filing 1 PETITION for Writ of Habeas Corpus against R. Hudgins filed by Robert Bruce Gillins. (Attachments: #1 Exhibit A - Eastern District of Virginia (Norfolk) Docket 2:94-cr-163, #2 Exhibit B - Request and Response to request for credit for time served, #3 Cover Letter, #4 Envelope)(ag) |
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